She notes that mandatory or “forced” arbitration provisions enable sexual harassment to exist under the radar.

I’m doing some advocacy work on Capitol Hill, working on gathering bipartisan support to take the secrecy out of arbitration. You know the forced arbitration in employment contracts makes these things secret. We have to stop the silence around it.

I’ll be interested in reading more about Carlson’s perspective in her new book being released today.

Carlson’s message should be well taken by employers; if employers are using these arbitration provisions merely as a means to allow a system of harassment to continue, then shame on them.

But here’s the issue: As with most things employment law related, it’s far more nuanced.

There are times when arbitration makes sense for BOTH the employer and employee. Litigation is expensive — very expensive, some of my clients would say — and is filled with uncertainty and time-consuming drama. I talked more about this in a 2014 post.

Arbitration can be less expensive and can allow both sides to be heard by a neutral third party much more quickly and effectively than a court system.

And yes, it avoids some publicity but again, that can benefit employees too.

By filing in arbitration, rather than court, an employee’s claims won’t be public and won’t seen by future employers as a potential lawsuit waiting to happen.

And we shall see if the Connecticut General Assembly revisits the issue in the upcoming session in January 2018. Until then, employers should continue to monitor developments in this area and figure out if mandatory arbitration provisions are right for your business.

Dan represents employers in various employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, and wage and hour issues. He has extensive trial and litigation experience in both federal and state courts in a variety of areas, including commercial litigation and trade secret enforcement. Dan is the author of the independent Connecticut Employment Law Blog. The blog discusses new and noteworthy events in labor and employment law on a daily basis.

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About Dan

Daniel A. Schwartz created the Connecticut Employment Law Blog in 2007 with the goal of sharing new and noteworthy items relating to employment law with employers, human resources personnel, and executives in Connecticut. Since then, the blog has been recognized by the ABA Journal, and was one of ten named to the “Blog Hall of Fame” in recognition of the blog’s contributions and consistency over the years.